Practising Certificate Conditions

A practitioner who is granted a practising certificate by the Law Society of Tasmania may be subject to statutory conditions or conditions imposed by the Council of the Law Society of  Tasmania on their entitlement to practice. Those conditions are listed below.

Principal Practitioner

The certificate will cease to be of any effect if the holder of the certificate fails to pay any payment due for professional indemnity insurance by the date due for payment.

Employed Practitioner

  1. The holder of the certificate is not entitled to, and must not, practise as a legal practitioner either as a sole practitioner or in partnership with any other legal practitioner.
  2. The certificate will cease to be of any effect if the holder of the certificate fails to pay any payment due for professional indemnity insurance by the date due for payment.

New Principal Practitioner

  1. The certificate will cease to be of any effect if the practitioner fails to pay any payment due for professional indemnity insurance by the date due for payment
  2. The practitioner is to immediately engage the services of a mentor for an initial period until (date) for the purpose of familiarising the practitioner with the requirements of the Legal Profession Act 1993 and the Rules of Practice 1994, as they apply to the day to day running of the firm. The mentor is to be approved by the Society and drawn from the Society’s list of senior practitioners.
  3. The mentor is to provide a written report to the Society on the management of the practice by (date).
  4. The practitioner is to immediately engage the services of an approved trust account inspector for the purposes of setting up the trust accounting system and instructing the practitioner on the proper use of the trust account in accordance with the requirements of the Rules of Practice 1994.
  5. The trust account inspector is to report to the Society by (date) confirming that the trust account has been set up and that he is satisfied that the practitioner is sufficiently familiar with the specific requirements of the Legal Profession Act 1993 and the Rules of Practice 1994 as they relate to trust accounts to enable the practitioner to manage the firm’s trust account.
  6. The practitioner’s trust account will be subject to random audit, at the practitioner’s expense, within 12 months of the practitioner commencing practise as a principal.
  7. The certificate will cease to be of any effect if the holder of the certificate fails to comply with conditions (b) and (d) of the certificate.
  8. The certificate will be of no effect if the Society is satisfied on the basis of the trust account inspector’s report that a trust account has not been set up or that the trust account inspector is satisfied that the practitioner is not sufficiently familiar with the specific requirements of the Legal Profession Act 1993 and the Rules of Practice 1994 as they relate to trust accounts to enable the practitioner to manage the firm’s trust account.

Community Legal Service Practitioners

  1.  The practitioner is to act only for clients of the community legal centre.
  2. The practitioner must have professional indemnity insurance pursuant to a policy approved by the Law Society.
  3. The practitioner is not to receive or hold any money of any client.
  4. The practitioner is not to recover costs either for himself/herself or for the community legal centre from any client or from any adverse party, other than disbursements fees or charges necessary for the successful carriage of the work of the client. Any disbursements fees or charges so received shall immediately be paid to the credit of the community legal centre

Barrister

The certificate will cease to be of any effect if the holder of the certificate fails to maintain professional indemnity insurance as required by Rule 88A of the Rules of Practice 1994

 

Corporate

  1. The holder of this certificate must be employed by a corporation, association or other entity that is not a law practice as defined in the Legal Profession Act 2007.
  2. The holder of this certificate must not engage in legal practice otherwise than by providing in-house legal services to the corporation by which the holder is employed.
  3. The holder of this certificate cannot be a director of an incorporated legal practice, a partner of a legal firm or a legal practitioner in private legal practice.
  4. The holder of this certificate cannot hold trust monies.
  5. The holder of this certificate is required to undertake continuing professional development in accordance with the requirements of the Law Society of Tasmania’s Practice Guideline on continuing professional development.

Statutory Conditions: Sections 42, 58, 59 and 60 of the Legal Profession Act 2007

 

 

Special Conditions

If required – see practitioner individual details

 

Locum

  1. The holder of this certificate is not entitled to, and must not, practise as a legal practitioner either as a sole practitioner or in partnership with any other legal practitioner or as a director of an incorporated legal practice.
  2. The certificate will cease to be of any effect if the holder of this certificate fails to pay any payment due for professional indemnity insurance by the date due for payment.
  3. This certificate is valid for 60 days of legal practice within the period described.